KHESHELI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The present habeas corpus under Article 226 of the Constitution is filed against the detention Order No.CP/DMR/CD-19/2020-21/2211 dated Dimapur, the 29th September, 2020 issued by the Commissioner of Police/District Magistrate Dimapur, Nagaland under Section 3 (3) of the National Security Act, 1980 against the detenue and also the approval of the detention order under letter No.CON/NSA/65/2020/352 dated Kohima, the 9th October, 2020 and the rejection of the representation by the State Government vide order No.CON/NSA/65/2020/585 dated Kohima the 31.10.2020. The petitioner is the mother of detenue a resident of 4th Mile House No. 152 Dimapur, Nagaland who is represented by learned counsel Mr. Chingmei Konyak.

(2.) Facts leading to the present case is that on 7.9.2020 at about 12:30 P.M. information was received by the ND Extortion Team Zone-2 that extortion activities are being carried out at G.S.Road Dimapur. The Anti-Extortion Team apprehended the present detenue from a shop, namely, Plasto Provision Shop. There was recovery of Rs.2,000/- from the possession of the detenue. It is alleged that the accused had demanded an amount of Rs.5,000/- as yearly tax which was refused and after a while he was asked to arrange the said money and keep ready. The proprietor of Plasto Provision Shri Sanawas Ansari who is the main witness stated that the accused detenue came to his shop claiming himself to be from NSCN-K (Khango). On 7.9.2020 the same person came to his shop and demanded the money as yearly tax. After some negotiation, he had handed over Rs.2,000/- to him, meanwhile, the police personnel came from behind and apprehended the detenue. Accused Akavi Awomi, the detenue admitted that he belonged to NSCN-K (Khangao) and was serving in the rank of Tatar. The Dimapur SBN PS registered case No.0084/2020 under Section 384 IPC read with Section 7 NSR. The Commissioner of Police/District Magistrate, Dimapur issued detention order on 29.09.2020 which is reproduced herein below:-

(3.) In the Schedule 2 to the detention order, it is mentioned that "that the subject Akavi Awomi is presently under judicial custody at Central Jail Dimapur. If he is not detained he is likely to indulge in similar prejudicial activities unless and effective alternative measure is called for. On examination of the report forwarded by the sponsoring authority, the subject is found fit to be booked under the National Security Act, 1980. Hence, in order to prevent him from indulging in activities prejudicial to the security of the State of Nagaland and maintenance of public order, the undersigned has ordered the detention of the subject under the said Act." The same was approved by the Home Department, Political Branch by an order dated 09.10.2020 which is reproduced below:-